Cady v. Dombrowski Case Brief

Cady v. Dombrowski, 439 U.S. 128, 93 S. Ct. 556 (1978)

FACTS: On September 9, 1969, Dombrowski was a member of the Chicago, Illinois, police force. He possessed, at that time, a1960 Dodge vehicle. On that date, he traveled to West Bend, Wisconsin, and during the evening hours, he was seen at two small taverns in the area. Sometime the morning of the 10th, his vehicle broke down and was to towed to his brother’s farm, in an adjacent county. He returned to Chicago and rented another vehicle, and drove back to Wisconsin. That rented vehicle was seen on the farm in the early morning of the 11th, and later that morning, Dombrowsi purchased two towels at a nearby store. During that evening, Dombrowski was seen drinking heavily, and had a wreck. He was picked up by a passing motorist and taken into Kewaskum, where two local officers picked him up to take him back to the wreck scene. They noticed he appeared to be drunk, and gave conflicting information about the wreck.

At the scene, they investigate the wreck. Believing Chicago officers were required to carry their weapons at all times, they searched Dombrowski and found no weapon. While waiting for a tow-truck, they searched the passenger area and glovebox of the rented vehicle, again finding no weapon. The Vehicle was towed to a private garage, where it would be left outside. Dombrowski was taken to the West Bend police station, and arrested for drunken driving. Because of his injuries from the wreck, he was then taken to the hospital. The officers stated he was impaired and “incoherent at times.” While at the hospital, he fell into a coma, and was hospitalized, under guard. Another officer, Weiss, went back to the garage and again searched the rented vehicle, still believing there might be a weapon in the vehicle.

Inside the vehicle, Officer Weiss found a book of Chicago police regulations and a flashlight that had drops of what appeared to be blood on it. Opening the truck, he found a number of items covered in type O blood; Dombrowski had type A. These items included clothing, including police uniform trousers, a nightstick with “Dombrowski” stamped on it, a raincoat, a towel, and a car mat. The blood on the mat was still moist. These items were collected as evidence.

Eventually Dombrowski informed the police that “he believed there was a body lying near the family picnic area at the north end of his brother’s farm.” They found the body of McKinney there, he was later found to have been struck over the head and shot, dying in the early morning hours of the 11th. McKinney had type O blood.

Dombrowski was convicted of murder, and that conviction was upheld by the Wisconsin Supreme Court. He filed a habeas corpus petition (a petition to test the legality of the detention) based upon the alleged constitutional violation. The District Court denied the petition, but the Court of Appeals reversed, holding that the searches if the vehicle were unconstitutional.

ISSUE: Is a search of a vehicle, in the interest of general public safety, unconstitutional?

HOLDING: No.

DISCUSSION: The court reasoned that the wrecked vehicle in Dombrowski represented a nuisance, and that the search of the vehicle was done for a proper reason, the concern of the officers for the safety of the general public that might be endangered by someone finding a weapon in the car. The vehicle was to be left outside in an unguarded location. At the time of the search, the officer had no idea that a murder, or any other crime, had been committed. The Court recognized that posting a guard on the vehicle may not have been feasible for the officers in Kewaskum, Wisconsin. The Court concluded that a “caretaking” seizure of the car, and search within for a weapon believed to be inside, was a reasonable and appropriate under the circumstances.